United States District Court, S.D. Illinois
November 18, 2005.
LARRY MARTIN, Plaintiff,
ROGER WALKER, JR., et al., Defendants.
The opinion of the court was delivered by: MICHAEL REAGAN, District Judge
MEMORANDUM AND ORDER
In September of 2004, Larry Martin, an inmate at Pinckneyville
Correctional Center in Pinckneyville, Illinois, filed suit in the
United States District Court for the Northern District of
Illinois pursuant to 42 U.S.C. § 1983. Martin's suit was
transferred to this Court on June 8, 2005.
On July 18, 2005, Defendant Kenneth Briley moved for summary
judgment (Doc. 25). On October 18, 2005, Magistrate Judge Philip
M. Frazier submitted a Report (Doc. 36) recommending that the
undersigned District Judge grant in part and deny in part
Briley's motion for summary judgment.
On October 18, 2005, that Report was sent to the parties with a
"NOTICE" informing them of their right to appeal by way of filing
"objections" within ten days of service of the Report. To date,
no objections have been filed by the parties, and the period in
which such objections may be filed has expired. Therefore,
pursuant to 28 U.S.C. § 636(b), this Court need not conduct de
novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985);
Video Views Inc., v. Studio 21, Ltd., 797 F.2d 538 (7th Cir.
The Court ADOPTS in its entirety Magistrate Judge Frazier's
Report (Doc. 36) and GRANTS in part and DENIES in part Briley's motion for summary
judgment (Doc. 25). The official capacity claim asserted in Count
II of Martin's complaint is hereby DISMISSED.
IT IS SO ORDERED.
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